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B-194792 1 (1980-01-16)

handle is hein.gao/gaobadhxa0001 and id is 1 raw text is: 



DECISION


FILE:   B-19479

MATTER OF:


DIGEST:


2


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON, D.C. 20549


DATE:  January 16, 1980


Lawrence C. Williams


Although two rates of per diem are shown on
travel authorization, employee of U.S. Information/*i
Agency who served as Deputy Director of USA-200
Years Exhibit in Moscow is not entitled to additional
per diem based on full country rate rather than on
lower rate prescribed by Exhibit Code established
by Agency to set rates for personnel involved with
exhibits.  Travel authorization cannot reasonably
be interpreted to allow employee's choice of rates
as he claims, Agency has docuqented its intent to
authorize lwer  rate paid, and retroactive amendment
would be permitted to bring travel authorization
into accord with Exhibit Code.


     This action is in response to an appeal by Mr. Lawrence C.
Williams from our Claims Division's Settlement Certificate ated
April 28, 1978, by which hisElaim for additional per diem as
denied.

     Mr. Williams, an employee of the U.S. Information Agency, is
claiming additional per diem for the period of October 11, 1976 to
December 18, 1976, incident to his assignment as the Deputy Director
for the '.USA-200 Years Exhibi. in Moscow. While he was in Moscow,
Mr. Williams occupied lodgings furnished by the Government, and
therefore, his per diem rate was reduced by 50 percent in accordance
with paragraph 154.2-2b, Volume 6 of the Foreign Affairs Manual.

     Although Mr. Williams does not dispute that his per diem should
have been reduced by 50 percent, he claims that his reimbursement
should be based on the full country rate of $53 rather than on the
$37 rate which the Agency states was dictated by an Exhibit Code,
established to set per diem rates for personnel serving at exhibits.
Mr. Williams supports his claim by pointing out that his travel
authorization did not indicate that he would receive a maximum of $37
but, instead, led him to believe that he could choose between rates.


     Authorization of Official
1976, provides for per diem to
you are authorized the hire of
one and the same as lodging, a


Travel No. 6285186, issued September 21,
Mr. Williams as follows: If necessary,
a room for official use. If room is
deduction of 50 percent of the per diem


~22LX2.


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